Texas Civil Practice & Remedies Code - Section 171.088. Vacating Award
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 171.088. Vacating Award
§ 171.088. VACATING AWARD. (a) On application of a
party, the court shall vacate an award if:
(1) the award was obtained by corruption, fraud, or
other undue means;
(2) the rights of a party were prejudiced by:
(A) evident partiality by an arbitrator
appointed as a neutral arbitrator;
(B) corruption in an arbitrator; or
(C) misconduct or wilful misbehavior of an
arbitrator;
(3) the arbitrators:
(A) exceeded their powers;
(B) refused to postpone the hearing after a
showing of sufficient cause for the postponement;
(C) refused to hear evidence material to the
controversy; or
(D) conducted the hearing, contrary to Section
171.043, 171.044, 171.045, 171.046, or 171.047, in a manner that
substantially prejudiced the rights of a party; or
(4) there was no agreement to arbitrate, the issue was
not adversely determined in a proceeding under Subchapter B, and
the party did not participate in the arbitration hearing without
raising the objection.
(b) A party must make an application under this section not
later than the 90th day after the date of delivery of a copy of the
award to the applicant. A party must make an application under
Subsection (a)(1) not later than the 90th day after the date the
grounds for the application are known or should have been known.
(c) If the application to vacate is denied and a motion to
modify or correct the award is not pending, the court shall confirm
the award.
Added by Acts 1997, 75th Leg., ch. 165, § 5.01, eff. Sept. 1,
1997.
Section: 171.081 171.082 171.083 171.084 171.085 171.086 171.087 171.088 171.089 171.090 171.091 171.092 171.093 171.094 171.095
Last modified: August 11, 2007
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